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Mahoney v. U.S. Department of the Interior

A district court granted DOI's and the Army Corps of Engineers' motion to dismiss a lawsuit concerning construction of a wind farm off the coast of New York. Four homeowners sought to halt construction, claiming that onshore trenching associated with the project would worsen existing perfluoroalkyl ...

El Puente v. U.S. Army Corps of Engineers

A district court denied summary judgment for environmental groups in their challenge to the Army Corps of Engineers' approval of a navigation improvement project in San Juan Harbor in Puerto Rico. The groups sued the Corps, NMFS, and FWS, arguing they violated the ESA, NEPA, and the CWA. With respec...

Advanced Energy United, Inc. v. Federal Energy Regulatory Commission

The D.C. Circuit granted in part and denied in part a petition to review FERC orders that permitted the creation of a new energy transmission service across several states in the Southeast. The first, the Deadlock Order, was adopted when the commissioners deadlocked 2-2 on whether the overall propos...

88 FR 49924

CEQ proposed the “Bipartisan Permitting Reform Implementation Rule” to revise its regulations for implementing the procedural provisions of NEPA, including to implement the Fiscal Responsibility Act’s amendments to NEPA.

Missouri v. United States Department of Interior

The Eighth Circuit affirmed summary judgment for the Bureau of Reclamation in a challenge to the Bureau's decision to move forward with a water reclamation project in North Dakota. The state of Missouri argued the Bureau violated the Water Supply Act by moving forward without first getting approval ...

American Public Gas Ass'n v. United States Department of Energy

The D.C. Circuit vacated DOE's 2020 rule establishing more stringent energy efficiency standards for commercial packaged boilers, and its 2022 supplemental document responding to the court's previous remand order that it address comments raised during the rulemaking process. Industry groups argued D...

Alliance for the Wild Rockies v. Gassman

A district court adopted a magistrate judge's findings and recommendations to grant in part and deny in part cross-motions for summary judgment in a lawsuit concerning the Forest Service's approval of a vegetation management project in the Kootenai National Forest. An environmental group had argued,...

88 FR 41477

FERC adopted a reporting requirement to direct transmission providers to file one-time informational reports describing their current or planned policies and processes for conducting extreme weather vulnerability assessments.

88 FR 41262

FERC directed the North American Electric Reliability Corporation to develop a new or modified reliability standard to address reliability concerns pertaining to transmission system planning for extreme heat and cold weather events that impact the reliable operation of the bulk-power system.

Center for Biological Diversity v. United States Bureau of Land Management

A district court vacated BLM's final EIS and 2019 record of decision (ROD) that approved an open-pit phosphate mine in southeast Idaho. Environmental groups had argued the ROD and final EIS upon which it was based violated NEPA, FLPMA, and the CWA. The court granted summary judgment in part for the ...